Civil Procedure Code, 1908, Section 151, 152, Order 23, Rule 3A -- Rectification/correction of compromise deed - Scope of Ss.151, 152 CPC is only to rectify the clerical error in the judgment - Scope cannot be extended to meet out the allegations of fraud in recording compromise and passing of consequent award on the basis thereof - If at all plaintiff is aggrieved by..........
Specific Relief Act, 1963, Section 26 -- Rectification of instrument - Pleading and proof of fraud or a mutual mistake of parties are mandatory requirements for obtaining a relief of rectification of an instrument...........
Specific Relief Act, 1963, Section 26 -- Rectification of instrument - Condition precedent for claiming rectification is the existence of a valid and complete contract - There can be no rectification where there is no prior agreement with reference to which the rectification has to be done...........
Specific Relief Act, 1963, Section 26 -- Rectification of instrument - An assignment deed cannot be rectified without pleading and proving fraud or mutual mistake of parties - Merely on proving the boundaries in a suit of this nature, a plaintiff cannot succeed without satisfying the essential legal requirements - Absence of material pleadings required for seeking..........
Trade Marks Act, 1999, Section 125, 57(4) -- Application for rectification of register - Filing of application after initiation of suit for infringement of trade mark - In instant case suit for infringement and rectification application had been filed by two different parties - U/s.125 of the Act parties to infringement suit and rectification application should be same -..........
Civil Procedure Code, 1908, Section 151, 152, Order 6, Rule 17 -- Rectification of error in judgment - Wrong description of property - Rectification allowed as in case plaintiff is relegated to file fresh suit, he may be confronted with applicability of provisions of O.2.R.2 CPC...........
Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, Section 3 -- Revenue records - Suit for rectification by incorporating plaintiff`s names as owners and possessors - Revenue Authorities allegedly created records in favour of State without any notice and legal proceedings - Plaintiffs producing documents regarding service connection of borewells in disputed..........
Partnership Act, 1932, Section 64 -- Rectification of mistake - Registrar can rectify mistake `suo moto' or on noticing the mistake being brought into his knowledge by any means including through application by any of partner/partners of Firm concerned...........
Partnership Act, 1932, Section 64 -- S.64 of Act relates to rectification of mistake and it nowhere mentions for rectification of apparent mistake...........
Partnership Act, 1932, Section 64 -- Rectification of mistake - Re-entry of a retired partner - Retirement of appellant from the partnership firm was obtained on the basis of a forged document as at the time of executing the retirement deed and form `E', appellant was not present - State Forensic Science Laboratory report shows dissimilarity in the disputed signatures of..........